Kepastian Hukum dalam Penegakkan Hukum Hak Cipta (Studi Hak Cipta Atas Batik Tabir Riau)

Abstract

Copyright as a part of Intellectual Property Rights should get firm and clear protection. Today, copyright protection in Law No. 28/2014 on Copyright is related to its types which are protected. Batik is one of the inventions protected by copyright law. As a national identity, it often faces conflicts as what happens in Batik Tabir Riau which arouses a conflict between Enang Suharti and Agil Tohir Baagil concerning eight motives of Batik Tabir Riau which is declared as an individual ownership, and it cannot be claimed as an individual ownership. This problem originally arises from the ambiguity of the government's policy; in this case, it is the Ministry of Law and Human Rights. On the one hand, it accepts the registration of Batik Tabir Riau as a Contemporary Batik which can be owned by an individual; on the other hand, the Ministry of Law and Human Rights acknowledges it as a part of the People's Cultural Expression which has communal ownership. It is expected that this ambiguity will not cause legal uncertainty for the designer or the rights holder, but also for people as a whole concerning copyright. The research problems are as follows: 1) how about the legal certainty concerning the position of Batik Tabir Riau, based on Law No. 14/2018 on Copyright, 2) how about the legal remedy conducted by the owner or the copyright holder of Batik Tabir Riau in getting justice, and 3) how about the law enforcement on the copyright criminal offense in Batik Tabir Riau. The research uses a juridical normative research method with a statute approach, historical approach, conceptual approach, and case approach. The data consist of secondary data which are collected from primary, secondary, and tertiary legal materials. The collected data are analyzed by using a qualitative analysis. The result of the research suggests that Law No. 28/2014 on Copyright loes not provide legal certainty concerning the Position of Batik Tabir Riat vhich is Traditional Batik that, basically, should be protected as the Traditional, Cultural Expression. The uncertainty about the regulation in the position of Traditional Batik in Law No. 28/2014 on Copyright during the conflict in Batik Tabir Riau has the implication on the uncertainty in legal certainty of its implementation so that Batik Tabir Riau which has been inherited from generation to generation is not innovative and contemporary. Its copyright has been registered as an individual ownership; consequently, anyone who wants to multiply, double and redouble, or distribute Batik Tabir Riau should get permit from the person who is legally registered as the designer or the rights holder. However, after the dispute in Batik Tabir Riau has been decided by the Judge on December 20, 2022, the government issues PP (Government Regulation) No. 56/2022 on Communal Intellectual Property which begins to regulate the Traditional Cultural Expression as one of the forms of Communal Intellectual Property. However, this regulation, as the implementing regulation of Law No. 28/2014 on Copyright, does not firmly regulate about Traditional Batik and its characteristics as part of Traditional Cultural Expression. The legal remedy made by the designer or the rights holder of Batik Tabir Riau, Agil Tohir Baagil, in getting justice is not maximal because he only does criminal prosecution, and the Judge only hands down the Verdict of 6 (six) months imprisonment to Suharti who has violated the copyright, and the defendant does not need to go to prison unless there is judge's decision which is final and conclusive. The reason is that the defendant commits a criminal offense in the probation of 1 (one) year so that she does not need to pay any compensation to the designer simultaneously in the criminal conviction. The implementation of Law Enforcement for the Copyright of Batik Riau is still frail, or, it can be said that it is not maximal enough, especially in its legal factor which does not firmly regulate the position of Traditional Batik. The factor of an ambiguous law enforcement agency is that, on the one hand, it recognizes Batik Tabir Riau as Traditional Batik; on the other hand, it acknowledges its registration as Contemporary Batik. The factor of facilities and infrastructures which does not support is seen from the absence of a good inventory for traditional batik so that the registration of Traditional Batik is received as Contemporary Batik. It also found that people seem not to care for traditional batik and the cultural factor which the stakeholders in culture such as Dekranasda of Riau Province or the Lembaga Adat Melayu Riau (Riau Malay Customary Institution), Pelalawan Regency, are not serious enough to struggle for Batik Tabir Riau as a Traditional Batik. It can be seen from the absence of complaint in the cancellation of Batik Tabir Riau in the Commercial Court.